A protective order—also known as a stay away order of protection, an order of protection, or a restraining order—is an order from the court requiring spouses in the divorce process (or other intimate partners) not to come within a specified distance of the other spouse, not to harass the other spouse, and not to contact the other spouse by phone, e-mail, text, or otherwise. A protective order may also order the spouse against whom it is issued not to carry a firearm—even if the spouse is licensed to do so.
Under some circumstances a court may issue an ex parte (pronounced x-par-tay) temporary protective order that is in effect for a certain number of days. An ex parte protective order is issued in an emergency situation without notice to the other spouse and an opportunity for the other spouse (and the spouse’s lawyer) to respond to the application for a protective order. When the spouse or intimate partner is served with the ex parte temporary protective order it will include notice of the hearing date on which the court will consider the application for the more permanent or full order of protection.
Laws regarding protective orders and the circumstances under which they may be issued vary from state to state but are generally based on proof of family or dating violence, domestic abuse, stalking, harassment, sexual abuse, or sexual assault. These laws are usually located in a state’s statutes—often in the family code or domestic relations code.
In Georgia, a protective order, also known as a restraining order, is a legal injunction issued by a court to prevent acts of family violence. Georgia law allows individuals who have experienced acts of family violence or have been placed in fear of imminent physical harm to seek a Family Violence Protective Order. This order can require the abuser to stay away from the victim, cease contact, and may include other provisions such as eviction from the residence and temporary custody of children. Additionally, the order can prohibit the abuser from possessing firearms. An ex parte temporary protective order can be issued in Georgia without the abuser's knowledge to provide immediate protection. This temporary order is typically in effect for up to 30 days, during which a hearing is scheduled for a more permanent solution. The laws governing protective orders in Georgia can be found in the Official Code of Georgia Annotated (O.C.G.A.), particularly in sections dealing with family violence (O.C.G.A. § 19-13-1 to § 19-13-6).